The Representation of the People Act 1983 Remedial (Scotland) Order 2019

Residence of convicted persons in prison etc.: notional residence

6.—(1) Section 5(6) of the 1983 Act(1) (residence of persons detained in legal custody) is subject to section 7B of that Act(2) (notional residence: declarations of local connection) in so far as it relates to a declaration made for the purposes only of the registration of local government electors in Scotland.

(2) Section 7B of the 1983 Act, so far as relating to the registration of local government electors in Scotland, also applies to a person who, on the date on which the person makes a declaration under subsection (1) of that section—

(a) is a convicted person to whom article 4(1) applies, and

(b) would not be entitled to be registered by virtue of residence at any place other than the penal institution in which the convicted person is detained.

(3) In the case of a convicted person falling within paragraph (2), the “required address” for the purpose of section 7B of the 1983 Act is—

(a) the address in the Shetland Islands constituency where the convicted person would be residing but for the person’s detention, or

(b) if the convicted person cannot give an address under sub-paragraph (a), an address in the Shetland Islands constituency at which the convicted person has previously been resident.

(4) Despite anything in section 7B(7) of the 1983 Act, a declaration of local connection made by virtue of paragraph (2) of this article has effect only for the purposes of the person’s registration as a local government elector for the purpose of the Shetland Islands by-election.

(5) A declaration of local connection made by virtue of paragraph (2) of this article must be marked to show that it is available only for the purpose of registration as a local government elector for the purpose of the Shetland Islands by-election but otherwise it is to be the same as other declarations of local connection.

(6) Section 7C(2) of the 1983 Act(3) (effect of declaration of local connection) does not apply in relation to a convicted person to whom article 4(1) applies who is registered in the register of local government electors in pursuance of a declaration of local connection made by virtue paragraph (2) of this article (but see article 7).

(1)

As relevantly amended by section 1(2) of the 2000 Act.

(2)

Added by section 6 of the 2000 Act and relevantly amended by section 8 of the Scottish Elections (Reduction of Voting Age) Act 2015 (asp 7).

(3)

Added by section 6 of the Representation of the People Act 2000 and relevantly amended by section 12(3) of the Electoral Administration Act 2006 and paragraph 4 of schedule 4 of the Electoral Registration and Administration Act 2013 (c.6).